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(영문) 전주지방법원 남원지원 2017.02.08 2016가단777

소유권이전등기

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1. The Plaintiff, Defendant B’s entry in [Attachment 2] No. 1, Defendant C’s entry in [Attachment 2] No. 2, and Defendant D.

Reasons

1. Basic facts

A. Of the lands listed in the separate sheet No. 1 list, the registration of ownership preservation in the name of co-owner F and G (each 1/2 shares), the registration of ownership preservation in the name of co-owner F, G, and H (each 1/3 shares), the registration of ownership preservation in the name of co-owner F, G, and H (each 1/3 shares) on June 18, 1981, and the registration of ownership transfer in the name of F, G, and H (each 1/3 shares) on the land listed in the separate sheet No. 14 on June 29, 1959 with respect to each land listed in the separate sheet No. 1, 1, 3, 11, 15, and 16.

B. As the F (hereinafter “the deceased”) died on September 7, 2007, the Defendants, K, L, M, and N, the inheritor, completed the registration of ownership transfer due to inheritance of the deceased’s shares in each of the instant land under the receipt of No. 7139, Apr. 20, 2016, by the Jeonju District Court Branch Branching the Southern District Court. Accordingly, each of the co-owned shares acquired by the Defendants is as indicated in the column of “Defendant-owned shares” in the attached Table 1.

C. Meanwhile, when each of the instant lands was incorporated into the site of the “project for creating the South-gu General Industrial Complex,” which was implemented at the Namwon-si, the Namwon-si decided to expropriate each of the shares in the Defendants’ names among each of the instant lands, as shown in the separate sheet No. 2, on December 9, 2016, and deposited the Defendants’ compensation as the deposited money, and completed the registration of transfer of ownership as to each of the said shares on December 26, 2016 by the same court No. 24462, Dec. 26, 2016, respectively, based on land expropriation as of December 20, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 9, 22 and 23 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Each land of this case, the purport of the plaintiff clan's assertion, is the ownership of the plaintiff clan and is entrusted to the deceased, etc., and the plaintiff clan decided to terminate the title trust by holding a clan general meeting and an extraordinary clan general meeting of the deceased.